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Seanad Éireann debate -
Tuesday, 14 Dec 1999

Vol. 161 No. 15

Order of Business.

The Order of Business is Nos. 1, 2 and 3. I ask the House to deal with all Stages of the Intoxicating Liquor Bill, 1999, and the motion for Earlier Signature of the Bill by the President on receipt of the Bill from the Dáil, which should be at 6 p.m. No. 1 will be taken without debate, followed by Committee and Remaining Stages of No. 2. Statements on Northern Ireland will be taken from 7.15 p.m. until 9.15 p.m. with the contributions of spokespersons not to exceed 15 minutes and the contributions of other Senators not to exceed 10 minutes. Senators may share time. No. 2 and the proceedings of the Intoxicating Liquor Bill, 1999, if not previously concluded, will resume thereafter.

The Order of Business is agreeable. I am concerned, however, that the Intoxicating Liquor Bill could not be ordered before now in the other House so that we would have had a chance to reread it if any changes were made. It is not a good way to do business and it is typical end of session behaviour. It reflects badly on those who order business in the other House.

On No. 1, is the Leader satisfied in the arrangements made for the visit of an t-Uachtarán on Thursday that this House will be recognised fully in all ceremonial aspects and that proper regard will be given to this House in seating and other arrangements?

I am glad the Leader has organised a debate on Northern Ireland, particularly after the events we witnessed yesterday. I would like as many people as possible to take part in this debate and, as leader of the Fine Gael Senators, I have no difficulty with speaking slots of ten minutes to allow as many people as possible to contribute. It should be possible to cover the matter in ten minutes.

Will the Leader of the House organise a debate in the next session on the reports of the All-Party Committee on the Constitution? This committee has met and produced reports on a regular basis which have covered many aspects of proposed changes to the Constitution. They all seem to have died without any debate. In view of the debate on the reform of this House, it would be useful to debate these other issues at length and to ask the chairman of the committee, Deputy Brian Lenihan, to respond to such a debate.

I wish to draw attention to one aspect of No. 1, the motion to be taken without debate. It states in paragraph (2)(ii) that statements "shall be confined to the Leader of each Group/Party, (or a Member nominated in their stead)". As the Independent group has a co-ordinator instead of a leader, there cannot be someone nominated in that person's stead. We would prefer the reference "leaders or spokespersons" in future.

The Minister of State at the Department of Enterprise, Trade and Employment, Deputy Tom Kitt, has issued a report on the meeting of the World Trade Organisation. Many people felt that the Houses should have shown greater interest and that the Government should have sent a more senior representative to that meeting. Now that it has taken place, it is vital that we debate the report on it. I am appalled at the lack of information about it. People think it concerns only trade but it covers many aspects of life – education, relations with developing countries, workers and child labour among others. We must debate this early in the next session.

As of yesterday North-South structures and organisations for co-operation and implementation have been established, yet we have no understanding of how this House will relate to them. These legislative or quasi-legislative bodies are invested with legal authority and it is, therefore, crucial that we know how to deal with them. It is incredible that we do not know how the House will influence their deliberations and contribute to their decisions.

More importantly, given that the areas for co-operation have a looser remit, there is an even greater opportunity for us to contribute, be it in the areas of Gaeilge, education or whatever. Many issues will be addressed. I cannot believe the Government has not provided us with a clear indication as to how we may relate to them.

I welcome the tremendous developments of the past two weeks. They relate to all parts of the island and Britain and they confirm that a week is a long time in politics. Central to them was the meeting yesterday of the North-South Ministerial Council and the establishment of the six North-South Implementation Bodies. It is time we fully examined the implications of these developments. A draft document should have been circulated to all of us outlining how these bodies will operate, including in the areas of executive action and co-operation, especially as they cover such key areas as education, tourism and infrastructure.

The British-Irish Council will be established next Friday. What implications will this have for the island as a whole, north-south and east-west? While the debate tonight will be very welcome, we have very little of substance to work on in terms of teasing out the implications of these developments. A major initiative from the Government is required.

Virtually every week there are calls for a debate on all aspects of education, including pre-school, primary, secondary, tertiary and literacy. None of us was aware of the astounding finding published in the report by Professor Paddy Clancy of UCD that a third of people offered third level places by the CAO refuse them. While some of the reasons vary, from cost to youth, the vast majority arise from unhappiness with the offers.

We need to thoroughly examine why so many young people are not prepared to attend university. By way of focus, perhaps the Leader would consider holding a debate on the report of the commission on the points system. It would provide a good basis on which the explore the issues of access to third level education.

I support Senator Manning's call for a debate on the deliberations of the review group on the Constitution. On this, the 2000th anniversary of the birth of Jesus Christ, it is important that we hold such a debate because many recommendations of the group are not merely anti-Christian but anti-God. Perhaps it is time we put some manners on members of the group.

I am a member of the committee referred to by the Senator and what he said is rubbish.

Will the Leader inquire of the Tánaiste and Minister for Enterprise, Trade and Employment what progress, if any, has been made in finding a suitable tenant for the Asahi factory outside Ballina which has been vacant for more than three years? The factory was a major employer in the region and its 320 jobs have not been replaced. Most of the employees were small farmers and came from a wide geographic region. There is now a serious employment void in that sector of industry and I ask the Leader to discover what progress has been made in finding a suitable industry for the plant.

In the same way as we had a debate on scandals in the banking industry, will the Leader arrange a wide ranging debate on the legal profession and on the way in which it milks the public? The Leader might also consider whether it is possible to refer the fees charged at tribunals to the Committee of Public Accounts which has done a very good job investigating this kind of thing. I am thinking of the way in which the legal profession consistently charges fees—

On a point of order, should the Leas-Chathaoirleach not vacate the Chair?

Senator Ross's suggestion for my promotion is too kind.

An Leas-Chathaoirleach

I will not take those comments personally, Senator Ross. Senator Norris, please continue.

Lawyers frequently, with the co-operation of mortgage institutions, go through the same searches and requisitions on title on the same property and for the same lending institution if someone remortgages a property three, four or even five times. They then charge the unfortunate customer every single time for things they know perfectly well have been done. That is one example. I know it is not appropriate to make a speech and I will not attempt to do so but there are many such issues which could be raised. Could the Leader arrange for a debate on the legal profession and on the way in which it operates, frequently against the interests of its clients although there are some very honourable and decent exceptions?

An Leas-Chathaoirleach

Senator, it might pay you to shop around.

Senator Costello has referred to the report of the commission on the points system. I asked last week that this report be discussed in the House. There are many fine aspects of the report which I would like to hear debated. I also asked for a debate on the role of FÁS in the co-ordination of services between that body and the Department of Education and Science regarding the points system and the importance for students of finding more indirect routes into third level education. It would be good to have this matter examined in a public debate at long last. In future I hope Senator Costello will take note when other Senators have made such requests.

I ask the Leader to bring our concern about the increasing number of suicides in prisons to the attention of the Minister for Justice, Equality and Law Reform. Another suicide occurred last night and this is a matter of great concern to all of us. I do not blame the prison authorities for this development but there ought to be adequate psychiatric and medical intervention at all stages. I understand the most recent victim was listed as someone who was likely to do what he did. Prison is a difficult place for people although it is the place where they deserve to be if they are convicted of crimes. We should help anybody who has a serious illness in whatever way we can. Obviously, in this case the person was unwell.

I am also concerned about Senator Lydon's remarks. If he is free at 4 p.m. today he might attend a reception for the announcement of something that is close to his and his party's hearts, the Constitution as Gaeilge. There is a huge tome on it. It will take him a long time to read but it will show the progressive and reforming work of the all-party committee on the reform of the Constitution. He will be most welcome at the reception.

I rise to ask the Leader to organise a debate early after Christmas on the provision of psychology services in schools for children with special needs. Up to now the health boards were providing these services to the schools. The psychologists come to the schools to discuss matters pertaining to school and home with the parents, teachers and pupils. Apparently a new committee, known as NEPS, has been set up to deal with this service. In the meantime, however, there has been a withdrawal of psychologists from a number of schools, including one in Kilkenny. That is causing huge strain on parents whose children are under stress for various reasons, whether they are autistic or otherwise disabled. The provision of psychological services in the school environment should be of primary importance. The sooner the problem between the health boards and the Department of Education and Science is sorted out the better. I am seeking an early debate on the matter.

There have been many debates on immigrants, illegal or otherwise, and how they are treated. Coming up to Christmas could we ask the people of Ireland to look at what is happening to these people and see if they can be absorbed into their communities over the Christmas period? This would show that Ireland is a caring place and that at Christmas, the premier Christian feast, we can show others, who might not be Christians themselves, a degree of civility, humanity and charity which is not being shown to them in many places at present.

I support Senator O'Toole's call for a debate on the world trade talks. I have no doubt about what team a country should send to such talks. If one wishes to win an All-Ireland final, one sends out the best team. Ireland should send only the best personnel to such talks. However, the talks have broken down and it is most important that we hold a full and frank debate on them.

When is it proposed to bring the local government Bill before the House? There are many anxious county councillors who have a strong interest in that legislation and they regularly ask Senators when it will be published. I would appreciate it if the Leader could enlighten us.

I would welcome a debate on the progress of the all-party committee on the Constitution. It would be informative for both the House and the committee, of which I am a member. However, I wish to dissociate myself from my colleague's remarks which presented the committee as an atheistic body. That is untrue and it is unfair to the committee.

Senator Norris sought a debate on the legal profession. I have no difficulty with holding such a debate. However, should we not also debate the lactating cows this House has provided in recent years, in the shape of a series of tribunals, which are providing the milk to feed the wealthy lawyers? Perhaps we should look at our own position. We provide the milk yielding cows for the people concerned.

Absolutely – that is part of it.

We should examine the full situation.

I support the call by Senator Hayes for a debate on the local government Bill. When will that debate be held? It is an important Bill and I hope the Minister will agree to take the debate soon.

Can we have a debate on the sale of State assets, something I have called for on numerous occasions? Given what has happened recently to the ICC and to Eircom shares, it is appropriate that we have a debate on the sale of State assets. It would be worthwhile and perhaps the Leader could arrange it.

I support Senator O'Toole's call for further clarification on the North-South Implementation Bodies, especially regarding the location of the public offices of the bodies. We have heard where some of them will be located – last week we were told the offices of the food safety body would be in Cork. While I have nothing against that county, this is a great opportunity to situate these offices in the Border area which has suffered so much from the troubles. There does not seem to be any indication that these bodies will be located in Donegal, the county most isolated by the troubles in Northern Ireland, and we feel especially let down on this occasion.

That said, I am pleased that matters have moved so quickly in the past week to ten days. I was also pleased as I crossed the Border this morning at the location of the infamous camel's hump between Lifford and Strabane to see the road being resurfaced and the location of the British army checkpoint, which is now being demolished, being landscaped. I hope this is a good sign for the future.

Senator Manning asked about the visit of the President to address both Houses on Thursday. I look forward to it, as does every Member of each House. It is an occasion we will remember for the rest of our lives. To my knowledge, all arrangements have been made and we look forward to the President's address on Thursday.

Senators Manning, O'Donovan and Costello called for a debate on the review of and various reports on the Constitution. Senator Manning also suggested that Deputy Brian Lenihan, Chairman of the All-Party Committee on the Constitution, would be present to respond. I will see what I can do to have that debate held early in the new year.

Various points were made by Senators O'Toole, Manning, Tom Hayes, Bonner and Costello regarding the North-South Implementation Bodies and the events which have taken place in recent days. We are privileged to be Members of the Seanad at an historic time in Irish political history. The North-South Ministerial Council, which held its inaugural meeting yesterday in the ancient capital of Ireland, the city of Armagh, was the beginning of the first formal co-operation and discussion structure between the Irish Government and the Government of Northern Ireland. It is the coming together on a formal basis of the leaders of unionism and nationalism to discuss and agree areas of mutual co-operation. These areas, as the Taoiseach said, cover a wide range of important issues and the matters of co-operation agreed yesterday were transport, agriculture, education, health, environment and tourism. This is what Irish politics should be about and, as we approach the end of the millennium, I know that is what it will be about in future. I welcome that.

There was a call for clarification on the North-South Implementation Bodies. The Taoiseach will be present in the House for the debate on Northern Ireland which will take place between 7.15 p.m. and 9.15 p.m. I have notice that many Members wish to contribute and many of the issues will be clarified during the debate.

Senators Costello and Ormonde sought a debate on education, particularly on the points system. I can agree to such a debate early in the new year. Senator Ormonde also sought a debate on FÁS, which I have promised early in the next session.

Senator Caffrey expressed concern regarding a replacement industry on the Asahi site. I will convey his views to the Minister. I welcome the creation of 100 jobs in the midlands as announced in Tullamore yesterday. Senators Norris and O'Donovan called for a debate on the legal profession, particularly the fees charged at tribunals. Senator Norris suggested that the Committee of Public Accounts should look at the matter. I will be able to make time available early in the next session.

I will convey Senator O'Dowd's views to the Minister for Justice, Equality and Law Reform and those of Senator Lanigan to the Minister for Health and Children. I share Senator Lanigan's views on the position of immigrants at Christmas. Senator Burke inquired about the local government Bill, which is to be published early in the next session. I hope it will be initiated in this House. The Senator also called for a debate on State banking organisations. I can agree to such a debate early in the next session. The matter may also be discussed during the debate on the Appropriation Bill tomorrow.

The motion to be debated in Private Members' time tomorrow is in the name of the Fine Gael Senators. As their leader is aware, the Mental Health Bill was published at lunch time today. Perhaps we can consider the matter to see how it can be advanced to the benefit of everyone concerned.

Order of Business agreed to.
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